Nonclassroom-Based Funding Determination Deadline
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California Department of EducationExecutive Office
SBE-005 General (REV. 08/2014) / ITEM #W-02
CALIFORNIA STATE BOARD OF EDUCATION
JULy 2017 AGENDAGeneral Waiver
SUBJECT
Request by four local educational agencies to waive portions of California Code of Regulations, Title 5, Section 11963.6(c), relating to the submission and action on determination of funding requests regarding nonclassroom-based instruction.Waiver Numbers:
Fort Sage Unified School District 27-4-2017
Sacramento City Unified School District 16-4-2017
Sweetwater Union High School District 37-5-2017
Tulare Joint Union High School District 29-6-2017
/
Action
Consent
SUMMARY OF THE ISSUES
Four local educational agencies (LEAs) are requesting, on behalf of their charter schools identified in Attachment 1, that the California State Board of Education (SBE) waive portions of California Code of Regulations, Title 5 (5 CCR), Section 11963.6(c), in order to allow the charter school to request a non-prospective nonclassroom-based funding determination for their respective funding period.
Each charter school identified in Attachment 1 submitted a determination of funding request after the required deadline, thereby making the request retroactive. If the waivers are approved by the SBE, the charter schools may then submit the retroactive funding determination requests for consideration by the Advisory Commission on Charter Schools (ACCS) and the SBE.
Authority for Waiver: Education Code (EC) Section 33050
RECOMMENDATION
Approval Approval with conditions Denial
The California Department of Education (CDE) recommends that the SBE approve the requests by the LEAs to waive specific portions of 5 CCR Section 11963.6(c) in order to allow the specified charter schools to submit determination of funding requests for the specified fiscal year. Approval of these waiver requests will also allow the SBE to consider the requests, which are retroactive. Without the waiver, the SBE may not consider the determination of funding request and the charter school’s nonclassroom-based average daily attendance (ADA) may not be funded for the affected fiscal year.
SUMMARY OF KEY ISSUES
EC sections 47612.5 and 47634.2 established the eligibility requirements for apportionment funding for charter schools that offer nonclassroom-based instruction. The statutes specify that a charter school may receive apportionment funding for nonclassroom-based instruction only if a determination of funding is made by the SBE. The CDE reviews a charter school’s determination of funding request and presents it for consideration to the ACCS, pursuant to relevant 5 CCR.
Pursuant to 5 CCR Section 11963.6(c), any determination of funding request approved by the SBE for an existing nonclassroom-based charter school must be prospective (not for the current year) and in increments of a minimum of two years and a maximum of five years in length. In addition, the funding determination request must be submitted by February 1 of the fiscal year prior to the year the funding determination will be effective.
Each charter school identified in Attachment 1 submitted a determination of funding request after the required deadline, thereby making the request retroactive.
Demographic Information:
Fort Sage Unified School District is requesting a waiver for Mt. Lassen Charter (Charter #1185), which serves a student population of 232 and is located in a rural area in Lassen County.
Sacramento City Unified School District is requesting a waiver for The MET (Charter #0586), which serves a student population of 276 and is located in an urban area in Sacramento County.
Sweetwater Union High School District is requesting a waiver for MAAC Community Charter (Charter #0303), which serves a student population of 252 and is located in an urban area in San Diego County.
Tulare Joint Union High School District is requesting a waiver for Sierra Vista Charter High (Charter #1664), which serves a student population of 111 and is located in a rural area in Tulare County.
Because this is a general waiver, if the SBE decides to deny the waiver, it must cite one of the seven reasons in EC Section 33051(a), available at
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=33051.
SUMMARY OF PREVIOUS STATE BOARD OF EDUCATION DISCUSSION AND ACTION
The SBE has approved similar waiver requests regarding retroactive funding determination requests for charter schools that offer nonclassroom-based instruction.
FISCAL ANALYSIS (AS APPROPRIATE)
Approval of this waiver request will allow the SBE to consider the charter school’s determination of funding request. Subsequent approval of the determination of funding request by the SBE will allow the charter school’s nonclassroom-based ADA to be funded at the funding determination rate approved by the SBE for the specified fiscal year.
ATTACHMENT(S)
Attachment 1: Nonclassroom-Based Funding Determination Deadline (2 Pages)
Attachment 2: Fort Sage Unified School District General Waiver Request 27–4–2017 (3 Pages). (Original waiver request is signed and on file in the Waiver Office.)
Attachment 3: Sacramento City Unified School District General Waiver Request
16–4–2017 (2 Pages). (Original waiver request is signed and on file in the Waiver Office.)
Attachment 4: Sweetwater Union High School District General Waiver Request
37–5–2017 (3 Pages). (Original waiver request is signed and on file in the Waiver Office.)
Attachment 5: Tulare Joint Union High School District General Waiver Request
29–6–2017 (2 Pages). (Original waiver request is signed and on file in the Waiver Office.)
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Nonclassroom-Based Funding Determination Deadline
Attachment 1
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Nonclassroom-Based Funding Determination Deadline
Waiver Number / Local Educational Agency (Charter Authorizer) / Charter School (Charter Number / CDS Code) / First Year of Operation / NCB Funding Determination Period of Request / Public Hearing and Local Board Approval Date / Public Hearing Advertisement / SSC/Advisory Committee Position /27-4-2017 / Fort Sage Unified School District / Mt. Lassen Charter
(1185 / 18-75036-0121657) / 2010–11 / Requested:
February 1, 2017
to
February 1, 2022
Recommended:
July 1, 2017
to
June 30, 2018 / 3/15/2017 / Formal notices posted at each school in the district and numerous public places within the district / Charter school stakeholders
3/15/2017
No objections
16-4-2017 / Sacramento City Unified School District / The MET
(0586 / 34-67439-0101907) / 2003–04 / Requested:
January 1, 2016
to
June 30, 2017
Recommended:
July 1, 2016
to
June 30, 2017 / 4/6/2017 / District website and publicly posted / The MET Sacramento’s School Site Council
4/4/2017
No objections
37-5-2017 / Sweetwater Union High School District / MAAC Community Charter
(0303 / 37-68411-3731304) / 2001–02 / Requested:
July 20, 2016
to
June 7, 2017
Recommended:
July 1, 2016
to
June 30, 2017 / 5/22/2017 / District website; physical community bulletin board outside of the school site / MAAC Community Charter School (MCCS) English Language Advisory Committee; MCCS Education Committee
5/19/2017
No objections
29-6-2017 / Tulare Joint Union High School District / Sierra Vista Charter High
(1664 / 54-72249-0130708) / 2014–15 / Requested:
July 1, 2014
to
June 30, 2016
Recommended:
July 1, 2016
to
June 30, 2017 / 4/20/2017 / District office and district website / Board of Trustees
4/20/2017
No objections
Created by California Department of Education
June 2017
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Nonclassroom-Based Funding Determination Deadline
Attachment 2
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California Department of Education
WAIVER SUBMISSION - General
CD Code: 1875036 Waiver Number: 27-4-2017 Active Year: 2017
Date In: 4/22/2017 12:01:47 PM
Local Education Agency: Fort Sage Unified School District
Address: 100 DS Hall St.
Herlong, CA 96113
Start: 2/1/2017 End: 2/1/2022
Waiver Renewal: N
Previous Waiver Number: Previous SBE Approval Date:
Waiver Topic: Charter School Program
Ed Code Title: Nonclassroom-Based Funding
Ed Code Section: 5 CCR Section 11963-6
Ed Code Authority: 33050
Ed Code or CCR to Waive: Education Code 47612.5 (e) (1) Notwithstanding any other provision of law, and as a condition of apportionment, “classroom-based instruction” in a charter school, for the purposes of this part, occurs only when charter school pupils are engaged in educational activities required of those pupils and are under the immediate supervision and control of an employee of the charter school who possesses a valid teaching certification in accordance with subdivision (l) of Section 47605. For purposes of calculating average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by the charter school shall be at the schoolsite, and the charter school shall require the attendance of all pupils for whom a classroom-based apportionment is claimed at the schoolsite for at least 80 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5.
Outcome Rationale: Also in Education Code 47612.5 it says in section (d) (1) Notwithstanding any other provision of law and except as provided in paragraph (1) of subdivision (e), a charter school that has an approved charter may receive funding for nonclassroom-based instruction only if a determination for funding is made pursuant to Section 47634.2 by the State Board of Education. The determination for funding shall be subject to any conditions or limitations the State Board of Education may prescribe. The State Board of Education shall adopt regulations on or before February 1, 2002, that define and establish general rules governing nonclassroom-based instruction that apply to all charter schools and to the process for determining funding of nonclassroom-based instruction by charter schools offering nonclassroom-based instruction other than the nonclassroom-based instruction allowed by paragraph (1) of subdivision (e). Nonclassroom-based instruction includes, but is not limited to, independent study, home study, work study, and distance and computer-based education. In prescribing any conditions or limitations relating to the qualifications of instructional personnel, the State Board of Education shall be guided by subdivision (l) of Section 47605.------
For the Fort Sage Unified School District and Mt. Lassen Charter School, the deadline of February 1, 2017 for submission of the California Department of Education's Nonclassroom-Based Funding Determination form was missed by the district. This was due in part recent unforeseen changes in leadership in the district which has now been corrected.
A new and inexperienced superintendent left the employment of the district in late June of 2016 causing much disruption. The district then relied on administrative oversight from a distantly located county superintendent over the summer. An interim superintendent was hired to get school started in the fall with very limited office hours during the months of August, September, and October of 2016. A new district superintendent was then hired in mid-October of 2016.
In addition to this, the district hired a new Business Manager in 2016 who was unaware of the deadline as she had not been a part of the last filing for funding determination.
The letter announcing the deadline regarding the Non-Classroom-Based Funding Determination according to the state website was sent out in October, which was in the middle of this time of change and reorganization for the district. It was apparently misfiled as the district has no record of receiving the letter. Any follow-up correspondence or e-mail reminders that may have been sent out did not reach the correct person as again, there is no record of receiving any correspondence regarding the funding determination form. There had been many changes in leadership by then. The deadline was missed.
The letter and e-mail correspondence sent in late February letting the district know that the deadline was missed was received as by that time, the district had settled and stable leadership had been restored.
The district is now looking to file a waiver as directed by the California Department of Education to be able to submit for the Nonclassroom-Based Funding Determination for Mt. Lassen Charter School.
Student Population: 232
City Type: Rural
Public Hearing Date: 3/15/2017
Public Hearing Advertised: As a small and rural school district, formal notices of the public hearing were posted at each school in the district and in numerous public places within the district (e.g. post offices).
Local Board Approval Date: 3/15/2017
Community Council Reviewed By: Charter School stakeholders reviewed this waiver.
Community Council Reviewed Date: 3/15/2017
Community Council Objection: N
Community Council Objection Explanation:
Audit Penalty YN: N
Categorical Program Monitoring: N
Submitted by: Mr. Michael Altenburg
Position: Superintendent, Fort Sage Unified School District
E-mail:
Telephone: 530-827-2129
Fax: 530-827-3239
Bargaining Unit Date: 03/14/2017
Name: California School Employees Association
Representative: Michelle Beckett
Title: President, CSEA
Position: Support
Comments:
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Nonclassroom-Based Funding Determination Deadline
Attachment 3
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California Department of Education
WAIVER SUBMISSION - General
CD Code: 3467439 Waiver Number: 16-4-2017 Active Year: 2017
Date In: 4/17/2017 4:04:13 PM
Local Education Agency: Sacramento City Unified School District
Address: 5735 47th Ave.
Sacramento, CA 95824
Start: 1/1/2016 End: 6/30/2017
Waiver Renewal: N
Previous Waiver Number: Previous SBE Approval Date:
Waiver Topic: Charter School Program
Ed Code Title: Nonclassroom-Based Funding
Ed Code Section: 5 CCR Section 11963.6
Ed Code Authority: 33050
Ed Code or CCR to Waive: (c) Any determination of funding request approved by the State Board of Education for an existing nonclassroom-based charter school from the 2006-07 fiscal year forward shall be [ prospective (not for current year)], in increments of a minimum of two years and a maximum of five years in length. Beginning with the 2007-08 fiscal year, nonclassroom-based charter schools that had a funding determination in the prior year must submit a funding determination request [by February 1 of the fiscal year prior to the year the funding determination will be effective], when a new request is required under these regulations.
Outcome Rationale: Multiple staff changes at key positions so we were unaware of the funding determination and its need to be filed prospectively. The loss of funding will seriously effect The MET Sacramento's ability to offer an educational program.
Student Population: 276
City Type: Urban
Public Hearing Date: 4/6/2017
Public Hearing Advertised: District website and publicly posted
Local Board Approval Date: 4/6/2017
Community Council Reviewed By: The MET Sacramento's School Site Council
Community Council Reviewed Date: 4/4/2017
Community Council Objection: N
Community Council Objection Explanation: